Shivji Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.2968 of 2017 Shivji Singh S/o. Late Parsuram Singh, aged about 60 years, R/o. Ring Road, Chopdapara, Ambikapur, District Surguja, Chhattisgarh ---- Petitioner
Versus
1. State of Chhattisgarh, through : Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (CG)
2. Collector, Ambikapur, District Surguja (CG)
3. Municipal Corporation, Ambikapur, through its Commissioner, Municipal Corporation, Ambikapur, District Surguja (CG)
4. Project Officer, Sadak Vikas Nigam, Majhlipara, Sargawan, Ambikapur, District Surguja (CG)
5. Sub-Divisional Officer (Revenue), Ambikapur, Disrict Surguja (CG)
6. Tahsildar, Ambikapur (Nazul), District Surguja (CG) ---- Respondents WPC No.2974 of 2017 Akash Chopda S/o. Ravindra Chopda, aged about 40 years, R/o. Ring Road, Chopdapara, Ambikapur, District Surguja, Chhattisgarh ---- Petitioner
Versus
1. State of Chhattisgarh, through : Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (CG)
2. Collector, Ambikapur, District Surguja (CG)
3. Municipal Corporation, Ambikapur, through its Commissioner, Municipal Corporation, Ambikapur, District Surguja (CG)
4. Project Officer, Sadak Vikas Nigam, Majhlipara, Sargawan, Ambikapur, District Surguja (CG)
5. Sub-Divisional Officer (Revenue), Ambikapur, Disrict Surguja (CG)
6. Tahsildar, Ambikapur (Nazul), District Surguja (CG) ---- Respondents And WPC No.2977 of 2017 Priyavar Santosh Kumar S/o. Late Sitaram, aged about 56 years, R/o. Ring Ring Road, Chopdapara, Ambikapur, District Surguja, Chhattisgarh ---- Petitioner
Versus
1. State of Chhattisgarh, through : Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (CG)
2. Collector, Ambikapur, District Surguja (CG)
3. Municipal Corporation, Ambikapur, through its Commissioner, Municipal Corporation, Ambikapur, District Surguja (CG)
4. Project Officer, Sadak Vikas Nigam, Majhlipara, Sargawan, Ambikapur, District Surguja (CG)
5. Sub-Divisional Officer (Revenue), Ambikapur, Disrict Surguja (CG)
6. Tahsildar, Ambikapur (Nazul), District Surguja (CG) ---- Respondents For Petitioners :
Mr.Manoj Paranjape, Advocate For Res.No.1, 2, 5 and 6 :
Mr.Dhiraj Wankhede, G.A.
For Respondents No.2 and 3 :
Mr.Bhupendra Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/11/2017
1. Since common question of law and facts are involved in these writ petitions, they are heard together and disposed of by this common order.
2. Learned counsel for the petitioners would submit that the petitioners have been held to be encroachers on the government land and demarcation of the land has been made by the Tahsildar in absence of the petitioners. However, the Collector, Ambikapur has directed for spot inspection on 10.10.2017, which has not been done and the impugned order has been passed. Therefore, the respondent authorities be directed to demarcate the lands of the petitioners in their presence before executing the impugned order.
3. On the other hand, learned State Counsel appearing for respondents No.1, 2, 5 and 6, on instruction received from the Collector, Ambikapur, would submit that fresh demarcation will be done in presence of the petitioners within a period of 15 days from the date of receipt of a copy of this order.
4. Be that as it may, the Collector, Ambikapur would see that demarcation is done within a period of 15 days from the date of receipt of a copy of this order before proceeding further with the
matter in presence of the petitioners and consequential/fresh order (if any) be passed thereafter.
5. With the aforesaid observation, the writ petitions finally stand disposed of. No cost(s).
Sd/- (Sanjay K. Agrawal) Judge B/-